Ex-Rep. Hunter seeks to overturn conviction, citing prosecutors' presence at Clinton fundraiser

Former GOP Rep. Duncan Hunter is asking a U.S. court to dismiss the federal corruption case against him, arguing that prosecutors attended a political fundraiser for Hillary Clinton and falsely justified their presence as "official business." 

Hunter, a California Republican, was indicted in August 2018 on 60 federal charges related to the misuse of more than $200,000 in campaign funds.  

He pleaded guilty in December 2019 to one count of conspiracy to misuse the funds and faces a maximum five years in prison, but he is expected to receive a lighter sentence because of his guilty plea. Hunter resigned from office in January. 

The motion to dismiss was filed Tuesday by Hunter’s attorney in the U.S. Court for the Southern District of California.

The 29-page motion asks that the case either be dismissed or that the entire office of the U.S. Attorney for the Southern District of California recuse itself, as a result of “the appearance of impropriety” by two assistant U.S. attorneys prosecuting the case.

The motion, scheduled for review on March 17, suggests prosecutors Alana Robinson and Emily Allen engaged in a conflict of interest when they attended a fundraiser for Clinton in August 2015, after the former first lady had declared her candidacy for the 2016 Democratic presidential nomination. 

When Hunter’s defense team originally raised concerns about them attending the event, Jay Macklin, general counsel for the Executive Office of United States Attorney, allegedly said the prosecutors “were not at the Hillary Clinton event as Clinton supporters, but in their official capacity assisting law enforcement.”

The Secret Service confirmed that it regularly requests legal representation from U.S. Attorney’s Offices across the country during protective mission visits so that agents are prepared in the event of an incident in which “immediate prosecutorial guidance could be necessary.”

The motion claims that emails from Robinson and Allen obtained under the Freedom of Information Act (FOIA) confirm that the assistant U.S. attorneys were not at the fundraiser on official business and “representations to the contrary were, at best, inaccurate and certainly not forthright.”

“Can’t thank you enough for allowing us to crash that fabulous party,” reads an email from one of the prosecutors. "It was a really memorable morning." 

Hunter’s lawyer, Paul Pfingst, argues that the statements from Macklin and the Secret Service should have been treated with skepticism at the outset. 

“Claims that the Secret Service requested three prosecutors to assist at a La Jolla luncheon were implausible,” reads the motion.

Tickets to the fundraiser, held at a private home in La Jolla, cost $1,000 to $2,7000.